In order to use our services you agree to the following terms. You may not use our services if you do not agree.
These terms and conditions apply to any person or organization using our services. All resellers and their customers must adhere to the policies.
GENERAL PROVISIONS REGARDING SERVER USAGE
Unless you are leasing a dedicated server, you are hosted in a shared server environment and as such we require that your server usage does not impact on others. This includes using excessive resources and custom scripts which may cause excessive server resource usage.
We may at our option install certain products to aid our clients at their request but we do not guarantee the functionality of those products, nor are we obligated to make such installations. The software and services available on our servers are offered on an as-is basis and are functional in the majority of applications.
In the event that customers are running any type of program or service, regardless of the origin of that program or service, that is negatively impacting on other clients, we reserve the right to suspend service while a solution is being found and ultimately end service to that customer if we cannot find an fair solution.
Any server usage which negatively impacts on other users we consider devastating behaviour and as such we may at our discretion demand payment for our having to trace such offending programs and make repairs to the server and or software. Payment rate is at CA$100.00 per hour in 15 minute increments.
Bulk emailing shall not exceed 100 recipients per hour. All bulk email recipients must have verified email addresses and must have specifically agreed to accept your mail or the email will be considered spam. Address verification may not be accomplished through the use of a bulk email, although we realize that some addresses may change without you being notified over time. If you’re emailing requirement is more than these limits, we suggest you use the outgoing mail server provided by your ISP and a mailing software program. We may, at our discretion make exception to this limit for very specific reasons. Contact us if you need more.
USES NOT PERMITTED
We do not permit IRC’s, adult content, gambling sites, sites promoting gambling or adult activities, any content which may be illegal in any jurisdiction, copyrighted content unless you hold the copyright, warez content, discriminatory, racial, or hate material, any link to a site containing any of these materials, shell access or telnet access or loading any script which may permit same, sending spam, or any site referenced in spam mail, gaming sites, HYIP or Proxy software, Shoutcast or Torrents as these are resource intensive. Any client found to be attempting phishing or spoofing activities will be immediately suspended and reported to law enforcement agencies in their local jurisdiction. We do not permit proxy scripts or any script which we believe to be unnecessary for the delivery of email or web pages or the proper operation of a website, which may affect server operations.
Our services are provided as means for website and email delivery and retrieval. You may not use your site as a storage area for files that may not be generally available to the public through a link. In other words, this is not intended to be a backup system for files which are not relevant to your website and may not be used as such.
Our servers may not be used for delivery of digital material (software, music, video, digital images) other than email and website files, on any plan that has unlimited data transfer. There are other services that can offer that for you. Provided any such files are part of the website itself, they are permitted. Video files must be run from YouTube or a similar service and embedded in the website so that our bandwidth is not affected.
Email should not be stored for extended periods of time on the server. All Blogger and Ready-to-Go plans are limited to 50 mb of mail per email account. Mail stored in excess of this amount may result in extra fees at our discretion.
Our services are to be used mainly for delivery of website pages. As such, every account must have at least an index page on their site, and the page must be accessible by going to the domain name address submitted during your application in a standard browser. Access by IP address only is not permitted unless you have our written authorization to do so.
Excess storage and data transfer usage is billed on a monthly basis.
Service subscription payments are on a recurring basis. You will automatically be charged on a regular basis, dependent upon the payment plan you choose. We do not send out invoices or payment notices. If the payment is unable to be processed, you understand you are liable for all payments and collection fees until we are notified that you wish to cancel the account.
Payment is due when invoiced. Accounts in payment arrears will be suspended with or without notice. Suspended accounts may be subject to a reconnect charge should you wish to continue service with us.
All prices on this site for hosting services are in Canadian Dollars. If you are not Canadian, please use our US site for payment. Prices for other services shown on this site or linked to from this site may not be in Canadian Dollars. Check at each service.
Charge backs are absolutely not permitted. You agree to contact us directly if there is any misunderstanding or problem with your payment. Fraudulent use of credits cards will be reported to the appropriate authorities with any information whatsoever we have collected from you or about you. In the event of an attempted charge back you may be charged with theft of service and fraudulent use of a credit card at the discretion of your local law enforcement agency.
Children not of the age of majority are not allowed to use our services. By subscribing to our services you hereby warrant that you are of the age of majority in your jurisdiction. You may have a parent or legal guardian subscribe to our services on your behalf. Parents and guardians subscribing to our services for a minor must make sure that such minor complies with these terms and conditions and agree to accept all responsibility for the actions of such minor.
You are required to tell us of all changes in your primary email address. We would prefer that you use the address supplied to you by your ISP and not one associated with your account. Should your account be unavailable for whatever reason we have no way of contacting you if you use an email address based on your domain name hosted by us. As well, you are encouraged to keep you contact email up to date in your control panel so that you can be automatically notified if there is a problem with your account.
PRIMARY TECHNOLOGIES reserves the right to cancel service at any time due to policy violations. If PRIMARY TECHNOLOGIES institutes its right of cancellation, no pro-rated fees will be refunded or credited as policies have been violated. Each customer is expected to use his/her account for maintaining a web site only, with responsibility and respect toward other internet users. Common sense is the best guide about what is right and wrong, and it’s the same guide we’ll use when analyzing an event of bad behaviour. PRIMARY TECHNOLOGIES has the right to deny business to any person or organization attempting to re-open an account after the user’s account has been previously cancelled due to a policy violation, the user creating problems on a server, constantly having billing problems (credit card denied too often, checks bouncing, etc), demanding or expecting more than what our service providers or what we can do. If PRIMARY TECHNOLOGIES decides to stop providing customer service for any of these reasons, the account will be terminated immediately. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space, server destruction, server damage, devastating behaviour, hacking, phreaking, phroning, etc).
Customers can cancel service any time by sending email to the sales department using the email address on file with us or by faxing the information to 1-289-644-9906. Please include your domain name(s) and user name(s) with your cancellation request.
PRIMARY TECHNOLOGIES strives for and maintains 100% uptime meaning that your site is accessible 100% of the time. Exceptions to this include but are not limited to periodic server maintenance, equipment failure, denial of service attacks, internet router failures, connectivity supplier failures, DNS failures, blocked IP addresses (firewall), and general internet failures. Uptime i shown graphically on the site when you sign out of the VestaCP control panel.
PRIMARY TECHNOLOGIES reserves the right to refuse service to anyone. Customers may only use the servers for lawful purposes. Transmission of any material in violation of any Federal, State. Provincial or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material judged to be threatening or obscene and material protected by trademarks or classified as trade secrets. PRIMARY TECHNOLOGIES expressly forbids anyone from using our servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, adult OR pornographic material, or any other material which we consider objectionable. The designation of any materials is entirely at our discretion.
Customer agrees that it shall defend, indemnify, save and hold PRIMARY TECHNOLOGIES harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against PRIMARY TECHNOLOGIES, its directors, its agents, its customers, proprietors, officers and employees, and suppliers that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless PRIMARY TECHNOLOGIES against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with our suppliers’ servers or our services; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third-party; (3) copyright infringement and (4) any defective products sold to customer from our servers.
PRIMARY TECHNOLOGIES and our suppliers (including hardware suppliers, software suppliers, connectivity suppliers, payment processor suppliers) will not be responsible for any damages your business may suffer. PRIMARY TECHNOLOGIES makes no warranties of any kind, expressed or implied for services we offer or those of our suppliers. PRIMARY TECHNOLOGIES disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by us, our suppliers and their employees, or any network problems.
Administration, billing and first level support is all handled out of our office in Canada. The servers are co-located in professionally managed operations centres in multiple locations in Canada. We have searched and tested several NOC’s and have found the best service available at our current suppliers.
PRIMARY TECHNOLOGIES is incorporated in the in the Province of Ontario, Canada and as such, regardless of the place of agreement, the client agrees that for purposes of venue and jurisdiction agreement was entered into and performed in Ontario, Canada and any dispute will be litigated or arbitrated in Ontario Canada. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Ontario, Canada.
ABUSIVE BEHAVIOUR OR HARASSMENT
Any customer who, in our estimation, is abusing their server privileges or being rude, abusive or acting in any way that may be interpreted as threatening towards any of our staff members or PRIMARY TECHNOLOGIES will be terminated at our discretion with no further recourse. All communication channels will be blocked from any person(s) terminated under this clause. In certain instances such behaviour may be reported to appropriate legal authorities. We operate a safe and happy work environment and no amount of revenue or potential revenue will cause us to tolerate any such behaviour.
Revision of Terms and Conditions
PRIMARY TECHNOLOGIES reserves the right to revise these policies at any time without prior notification. Please check back periodically.
Failure to follow any term or condition will be grounds for immediate account deactivation.
Modified December, 2014